Section 12.16 General Rule

• Library: Evidence 2017

1. (§12.16) General Rule

Missouri courts have generally and consistently disapproved of the introduction of evidence of absence of similar happenings when offered to disprove negligence. Below are cases that show the application of the general rule that absence of similar happenings is not admissible to disprove negligence:

· McJunkins v. Windham Power Lifts, Inc., 767 S.W.2d 95, 97–100 (Mo. App. S.D. 1989). It was error to receive evidence of prior use of a forklift, alleged to have been defective...